More and more, the laws and practices of this nation reflect a simplistic yet harsh approach to crime and punishment. Common sense and decency—which ought be part and parcel of any system of justice—have been replaced by macho posturing and inflexibility. It is a disturbing trend, one that ultimately betrays the principle of Justice and does no good to anyone.
From The Salt Lake Tribune:
A Utah record producer will likely have to serve his 55-year sentence on federal weapons and drug charges, after the U.S. Supreme Court refused Monday to hear his case.
Weldon Angelos was convicted of 16 counts of weapons and drug violations after officers arranged three drug buys from him in mid-2002. Angelos carried a gun during the purchases, and later searches turned up more drugs and a weapon.
U.S. District Judge Paul Cassell balked at the length of the mandatory sentence he had to impose, saying “to sentence Mr. Angelos to prison for the rest of his life is unjust, cruel and even irrational.” Cassell said he had to abide by Congress’ wishes, though he recommended the 55-year sentence be commuted by the president.
The 10th U.S. Circuit Court of Appeals upheld Cassell’s sentence, and the Supreme Court declined Monday to review the case.
“We have never claimed that Weldon is a candy striper,” said Erik Luna, Angelos’ attorney and a professor at the University of Utah. “The question is whether or not acts that he was convicted of merit his spending the rest of his life in prison . . . and it becomes pretty obvious he doesn’t deserve it.”
Brett Tolman, the U.S. attorney for Utah, said the office prosecuted the case according to the laws passed by Congress.
“I know that Judge Cassell is very animated and excitable on this issue. He’s been more engaged on it than some advocates,” said Tolman. “But I think the Supreme Court is kind of sending that message again that Congress is the one that is going to determine whether or not the punishment is going to fit such crimes.”
Four former U.S. attorneys general and 141 other former U.S. attorneys, state attorneys general, and Justice Department officials filed a brief urging the court to consider Angelos’ appeal, saying it is contrary to “standards of decency” and constitutional protections from excessive punishment. [full text]